[Federal Register Volume 71, Number 165 (Friday, August 25, 2006)]
[Notices]
[Pages 50465-50466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14138]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 303-TA-23, 731-TA-566-570, and 731-TA-641 
(Final)(Reconsideration)(Fourth Remand)]


Ferrosilicon From Brazil, China, Kazakhstan, Russia, Ukraine, and 
Venezuela

AGENCY: United States International Trade Commission.

ACTION: Notice of remand proceedings.

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SUMMARY: The United States International Trade Commission (Commission) 
hereby gives notice of the court-ordered remand of its reconsideration 
proceedings pertaining to countervailing duty Investigation No. 303-TA-
23 (Final) concerning ferrosilicon from Venezuela, and antidumping 
Investigations Nos. 731-TA-566-570 and 731-TA-641 (Final) concerning 
ferrosilicon from Brazil, China, Kazakhstan, Russia, Ukraine, and 
Venezuela.

DATES: Effective Date: August 22, 2006.

FOR FURTHER INFORMATION CONTACT: George L. Deyman, Office of 
Investigations, telephone 202-205-

[[Page 50466]]

3197, or Marc A. Bernstein, Office of General Counsel, telephone 202-
205-3087, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436. Hearing-impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

    In August 1999 the Commission made negative determinations upon 
reconsideration in its antidumping and countervailing duty 
investigations concerning ferrosilicon from Brazil, China, Kazakhstan, 
Russia, Ukraine, and Venezuela. Ferrosilicon from Brazil, China, 
Kazakhstan, Russia, Ukraine, and Venezuela, Inv. Nos. 303-TA-23, 731-
TA-566-570, 731-TA-641 (Final) (Reconsideration), USITC Pub. 3218 (Aug. 
1999). The Commission's determinations were appealed to the U.S. Court 
of International Trade (CIT). On February 21, 2002, the CIT remanded 
the matter to the Commission for further proceedings. Elkem Metals Co. 
v. United States, 193 F. Supp.2d 1314 (Ct. Int'l Trade 2002). On 
remand, the Commission conducted further proceedings. In September 2002 
it reached negative determinations on remand. Ferrosilicon from Brazil, 
China, Kazakhstan, Russia, Ukraine, and Venezuela, Inv. Nos. 303-TA-23, 
731-TA-566-570, and 731-TA-631 (Final) (Reconsideration) (Remand), 
USITC Pub. 3531 (Sept. 2002). On June 18, 2003, the CIT issued an 
opinion concerning the Commission's determinations on remand which 
affirmed the Commission in part and remanded in part for further 
proceedings. Elkem Metals Co. v. United States, 276 F. Supp.2d 1296 
(Ct. Int'l Trade 2003). In September 2003 the Commission reached 
negative determinations in the second remand proceeding. Ferrosilicon 
from Brazil, China, Kazakhstan, Russia, Ukraine, and Venezuela, Inv. 
Nos. 303-TA-23, 731-TA-566-570, and 731-TA-631 (Final) 
(Reconsideration) (Second Remand), USITC Pub. 3627 (Sept. 2003). On May 
12, 2004, the CIT issued an opinion concerning the Commission's 
determinations on second remand which remanded the matter for further 
proceedings. Elkem Metals Co. v. United States, Slip Op. 04-49 (Ct. 
Int'l Trade May 12, 2004), modified in part, Slip Op. 04-152 (Ct. Int'l 
Trade Dec. 3, 2005). In March 2005 the Commission reached negative 
determinations in the third remand proceeding. Ferrosilicon from 
Brazil, China, Kazakhstan, Russia, Ukraine, and Venezuela, Inv. Nos. 
303-TA-23, 731-TA-566-570, and 731-TA-631 (Final) (Reconsideration) 
(Third Remand), USITC Pub. 3765 (March 2005). On July 21, 2006, the CIT 
issued an opinion again remanding the matter to the Commission. Elkem 
Metals Co. v. United States, Slip Op. 06-108 (Ct. Int'l Trade July 21, 
2006) (``Elkem VIII'').

Written Submissions

    The Commission is not reopening the record in the fourth remand 
proceeding for submission of new factual information. In Elkem VIII, 
the CIT stated that if the Commission does not reopen the record on 
remand, it must ``find that the price-fixing Conspiracy was not a 
significant factor in the Subsequent Period and further find that the 
prices in the Subsequent Period were set by market forces and complete 
its analysis accordingly.'' Elkem VIII, Slip Op. at 22. The Commission 
will permit the parties to file written submissions with regard to the 
Commission completing its analysis upon making the findings required by 
the CIT in the passage quoted above.
    All submissions must be filed with the Commission no later than 14 
days after publication of this notice in the Federal Register, shall 
not contain any new factual information, and shall not exceed 20 pages 
of textual material, double-spaced and single-sided, on stationery 
measuring 8\1/2\ x 11 inches.
    All written submissions must conform with the provisions of section 
201.8 of the Commission's rules; any submissions that contain business 
proprietary information (BPI) must also conform with the requirements 
of sections 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means, except to the extent 
permitted by section 201.8 of the Commission's rules, as amended, 67 FR 
68036 (Nov. 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.
    Parties are also advised to consult the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subpart A (19 CFR part 207) for provisions of 
general applicability concerning written submissions to the Commission.

Participation in the Proceedings

    Only those persons who were parties to the previous reconsideration 
proceedings (i.e., persons listed on the Commission Secretary's service 
list) may participate as parties in the fourth remand proceedings.

    Authority: This action is taken under the authority of title VII 
of the Tariff Act of 1930 as amended.

     Issued: August 22, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-14138 Filed 8-24-06; 8:45 am]
BILLING CODE 7020-02-P